A DIVORCE CASE

Hokitika Guardian, 26 September 1929, Page 6

A DIVORCE CASE

(By Telegraph—Press Association). AUCKLAND, September 25. When the wife of John Percival Smith admitted to him that she had misconducted herself with a neighbourfarmer, Smith interviewed the neighbour, Archibald McLean, and the latter agreed to buy Smith’s farm and stock, take care of the children and marry Mrs Smith when Smith had procured a divorce. In the Supreme Court to-day Smith petitioned for a divorce from Beatrice Smith citing Archibald McLean as correspondent. The parties occupied adjacent farms and property at Iviwaka North Auckland. The respondent had given birth to three children. In answer to a question petitioner said that a few days after his wife admitted misconduct he asked McLean to call at petitioner’s house and McLean did so. Mr Meredith—And you suggested he should buy the farm. Petitioner—Yes. And the stock.—Yes. And the furniture.—Yes. And he was to marry Airs Smith when your divorced her; that was your proposal. Yes. . Air Aleredith—Really a walk in and walk out proposal in which you were to dispose of to McLean your Farm, Stock, -Children and Wife. Petitioner said next day he had the name of the second child changed from Smith to McLean, and went with AlcLean to a solicitor and signed documents and arranged for the divorce.. Questioned further by ’ Aleredith about the conference he had with ArcLean, Smith said he was offered one thousand pounds if he would drop the divorce proceedings and go on living with his wife, and go to another part of the country. He admitted that he said he was getting old and wanted something for his old age. The denied having told Air AlcLean that two thousand pounds was his figure. He was informed on May 29 that McLean would defend the divorce proceedings and that he would not pay any more money and would not marry Airs Smith. Asked if he stood for this McLean said “Yes,’’ added the petitioner. Evidence as to there being a legal agreement between the petitioner and the co-respondent was given by George Clark Walker a solicitor, who acted for Smith in the matter. AlcLean proposed to marry Airs Smith, after the divorce. HisHonour: It looks as if there was the sale of a wife and a sale of land—a •friendly.arrangement on both sides I.ls that how it’ appealed ,to you? Witness: It seemed to me that AleLean is taking everything—lock, stock, and barrel. His Honour: A sort of modern Russian arrangement! Would you say that the transfer of the land was incidental to the transfer of a wife? Witness: I understood that AlcLean had no home to offer. His Honour: Would you say that he was buying the land, and that the wife . was to go with the land ? Witness-; 1 do not say the two things were to gO together, except that AlcLean had to provide a home, and Smith’s was the most convenient. I lie respondent gave evidence with a baby in her arms. She stated that -her signed admission of misconduct was true, and that the first time that she toiu her husband of this was between last Christmas and New Year. AlcLean, she said, had given her money towards the cost of the divorce proceedings. Asked about her relations with AlcLean since her confession, she said: “We have gone about the same until about a fortnight ago.” In cross-examination, witness said that she was willing to marry AlcLean for the sake of the children, if Smith divorced her. Air Aleredith submitted that the proceedings were the result of a mutual arrangement between Smith and his wife, whereby they might rid themselves of their responsibilities. The facts all pointed in that direction. Smith and his wife did not part until there was a sale. Smith knew perfectly well what was going on all the time. Francis John Jaques, storekeeper, of Kaiwaka, said that Smith spoke to him of the expense of a confinement, and said:. “The young fellow paid for the, first one, and I will take fine care that he pays for the next.” • During the negotiations between Smith and AlcLean, Smith said that £IOOO was not enough, but that he thought £2OOO would be sufficient. Agnes Beatrice AlcLean, mother of the co-respondent, said that she first knew of the trouble between her son and ALrs Smith on May 13th. She asked Smith to stop the divorce proceedings, and let her son buy the farm. Smith laughed, and said: “1 am getting a joke out of it, anyhow.” He said that he had known for a long while what was "going on, but he thought he would give McLean rope enough and let him hang himself. Air Inder: I put it to you, the. whole idea of contesting this case is yours, and not your son’s? Witness: Aly son was anxious to fr‘ in with me. His Honour: I had arrived at tht opinion a good while ago that the prospective mother-in-law intervened. The hearing of the evidence will be continued to-morrow: